R. v. Hall, 2025 MBPC 34

The 41-year-old accused Gregory Hall was charged with possession of 427 images and 34 unique videos across a number of devices, including 5,163 files categorized as “investigative interest” on his Samsung device. These files contain mostly images of females aged between 8 to 12, with images and videos depicting bestiality as an aggravating feature. This material was part of a broader collection characterized by a “high degree of depravity”.

The accused denied any sexual interest in child and recollection of collecting the images and videos due to the memory loss caused by brain tumor and subsequent seizures starting in 2020. He submitted a letter from his oncologist stating that his type of tumor can cause him to “experience periods of short-memory loss.”

The sentencing judge firmly rejected the accused’s claim that his medical condition reduced his moral culpability or justified a non-custodial sentence. The court held there was “no evidence of any nexus between the accused’s medical condition and his offending” (para. 62). There was no evidence it impaired his understanding that his actions were wrong or harmful. The court emphasized that for CSAM offences, denunciation and deterrence are paramount. The horrific nature of the material, including bestiality, the large collection, the number of child victims, and the significant harm caused, demanded a penitentiary sentence to reflect societal condemnation.

R. c. Richer 2025 QCCQ 1315

The accused assaulted his intimate partner while intoxicated during an argument. He struck and pushed the victim, held her on the ground with his knee on her neck, and threw a chair in her direction. The victim suffered physical injuries and psychological consequences. After his arrest and release on conditions, the accused later breached those conditions by contacting the victim and violating his curfew. He ultimately pleaded guilty to assault with a weapon, assault causing bodily harm, forcible confinement, and breaches of release conditions.

The Court noted numerous aggravating factors, including the severity of the assault, the impact on the victim, the accused’s intoxication at the time of the offence, repeated breaches of court orders, and his prior criminal history. In 2014, the accused was given a suspended sentence and probation with 125 hours of service for assault, uttering threats, forcible confinement, animal cruelty and possession of a weapon while prohibited from doing so, all in a context of domestic violence (para. 24). Mitigating factors included the accused’s guilty pleas; that he is an “asset to society” as a master mechanic and that the accused completed the follow-up offered by the Addiction Rehabilitation Centre regarding their problematic use of alcohol.

The Court sentenced the accused to 12 months’ imprisonment, finding that a custodial sentence was necessary to reflect the seriousness of the violence and to achieve denunciation and deterrence. This case made reference to the violence link between interpersonal violence and animal abuse, as the Court referred to the historical animal cruelty as part of the broader pattern of violent behaviour considered during sentencing.

The Animal Control Officer (CSRD) v Burger, 2025 BCPC 247

In June and October 2024, Luna, a female Mastiff-Rottweiler cross-type dog, escaped from her owners, Sandra and Colin Burger’s property on three occasions and attacked individuals, including two incidents that caused serious injuries requiring medical attention. On June 21, 2024, following complaints, Animal Control Officers visited the Burgers’ property. Mr. Burger acknowledged that the perimeter fence had holes allowing the dogs to escape and run at large occasionally. He demonstrated shock collars, but the officers observed the dogs’ behaviour was unaffected. Despite being cautioned about a potential future application to declare the dog dangerous, the Burgers did not implement effective measures to prevent further incidents.

Following these incidents, the Animal Control Officer of the Columbia Shuswap Regional District brought forward an application under s. 49(10) of the Community Charter seeking a declaration that Luna was a dangerous dog and an order for her destruction. Under s. 49(1)(a) of the Community Charter, a “dangerous dog” includes a dog that has killed or seriously injured a person.

The Burgers proposed a containment plan, including the construction and maintenance of the perimeter fences, protocols to prevent accidental escape, management of the ‘pack effect’ with their other two dogs, the retention of a dog trainer, restraint equipment and the financial resources to fund this plan (para 32).

The court relied on witness testimony, incident reports and expert evidence from notable animal behaviour and welfare scientist Dr. Rebecca Ledger, who assessed Luna’s behaviour as territorial and movement-triggered aggression, noting that Luna did not respond to her training (para 28). Additionally, Dr. Ledger testified to great skepticism about the Burgers’ containment plan, highlighting that it lacked expert guidance and failed to meet the detailed requirements she had outlined (paras 45-47). Dr. Ledger concluded that the risk to the public remained significant (para 33). The judge also observed that the Burgers minimized the seriousness of the incidents and the danger Luna presented to the community (para 54).

Based on the evidence, the court held that Luna is a dangerous dog and cannot be safely returned to the Burgers’ (para 58). She was ordered to be humanely euthanized by or under the supervision of a licensed veterinarian, and that this is to occur no sooner than 14 days after the making of this order (para 60).

 

R v Hijazi, 2025 ABCJ 41

Google alerted the National Center for Missing and Exploited Children that a user, Abdul-Rahman Hijazi, had downloaded 54 illegal images. Police executed a warrant at his home and seized ten devices containing 4,088 images and four videos of child pornography. The images depict explicit sexual activity involving children, including bondage and bestiality. Almost all of the images were computer-generated, and all but one of the images involving sexual activity and the images of bondage and bestiality were anime or computer-generated.

The offender pleaded guilty to one count of possession of child pornography contrary to section 163.1(4) of the Criminal Code. The Crown sought incarceration, emphasizing denunciation and deterrence, while the defence sought a conditional sentence.

Aggravating and Mitigating Factors:

Applying the s. 718.2 sentencing principles, the Judge identified the aggravating factors: the offending conduct spanned nearly three years, the size of the collection of over 4000 images, and some of the material depicting anime images of bestiality and bondage. Mitigating factors included Mr. Hijazi’s youth, lack of prior record, low risk of reoffending, early guilty plea, expressed remorse, and voluntary counselling. The court also emphasized that while possession of computer-generated child sexual abuse images is grave conduct, it does not involve the same level of harm as material created through the abuse of real children. Accordingly, a lower sentence than what would apply to comparable real-child material was warranted.

The presentencing report revealed that the offender began having feelings that he wanted to transition his gender to female in 2022 and became depressed about his gender. The offender was reluctant to disclose these feelings as it would lead to separation from his religious and cultural identity but has recently started transitioning to female (para. 16)

A forensic psychiatrist conducted a risk and mental health assessment, where the offender was diagnosed with gender dysphoria, ADHD, likely adjustment disorder with mixed anxiety, and depressive features and assessed at low risk to sexually re-offend. The report writer considered whether the possession of child pornography was connected to reported sexual abuse when the offender experienced at ages 13 and 14. The report stated that the offender “admits guilt, remorse, repentance but never truly explains what was the drive and motivation in accessing these images and videos, ranging age wise from age 3 to age 16 of female bodies; there could be a connection with a sexual abuse he would have been victim of by an older cousin” (para. 23).

Court’s Decision:

The Court imposed a two-year less a day conditional sentence with strict house arrest to give effect to the primary sentencing principles of denunciation and deterrence, as well as the secondary sentencing principles of restraint and rehabilitation. The offender will also be subject to 240 hours of community service within the first 18 months of the Conditional sentence Order, followed by three years of probation with conditions, plus a DNA order.

Hesson (Re), 2025 CanLII 23548 (ON RB)

This is a decision from the Ontario Review Board at the annual hearing of Dimitri Hesson, who was found Not Criminally Responsible (NCR) on a charge of criminal harassment for which he was detained for repeatedly knocking on the neighbour’s door asking for sex. The central legal question was whether Mr. Hesson continued to pose a “significant threat” to public safety, which would justify his continued detention under a conditional discharge as the least onerous course of action (para. 5).

The Board’s analysis of future dangerousness heavily weighed his previous NCR finding from 2008, which involved two key charges: first, assaulting a peace officer, and second, injuring an animal. The Board repeatedly references this history to establish a pattern of violence that emerges when Mr. Hesson’s schizophrenia is unmedicated. Dr. Gojer, the psychiatrist, testified that Mr. Hesson’s risk of future violence is moderate, based partly on past behaviours including “physically assaultive behaviour” reported in the hospital risk assessment and the explicit mention of the prior animal cruelty charge (para. 24). The Board connects this history to his current diagnosis, noting he has a “history of violent offending when he has been psychotic,” (para. 41) with the animal cruelty forming part of that violent history.

The Board ultimately found that Mr. Hesson remains a significant threat, not because he is currently violent, but because his history in violent behaviour and animal cruelty, his chronic illness, and his pattern of disengagement from treatment suggest a likelihood of decompensation and a return to behaviours that have caused serious psychological (and potentially physical) harm in the past. The most recent incidents resulted within two years of receiving an absolute discharge on his previous conviction, therefore past behaviour cannot be overlooked (para. 42).

R. v. Neverson, 2025 ONSC 7121

The 36-year-old accused Jermaine Never pleaded guilty to 22 offence, including human trafficking, assault, sexual assault, unlawful confinement, and unlawfully killing of a dog, which is contrary to s.445(1)(a) of the Criminal Code. Neverson had victimized 10 women over 8 years, with the dog-killing incident as part of a pattern of his violent behaviour. This incident occurred when a dog who belonged to one of his female victims had a bathroom accident on the floor, after which he became enraged and beat the dog to death. He then forced the female victim that owned the dog to bury them in a rural area.

The court emphasized Neverson’s extremely high moral culpability across all offences, including the killing of the dog. The act was not an isolated incident but part of a broader pattern of exploitative conduct; his victims were vulnerable women due to their relative youth, poverty, drug addiction, homelessness, isolation, family breakdown, and their history of trauma that the accused intimidated and manipulated, trafficking them as sex trade workers, as well as abused them, kept their money, and left them with very little, treating them as slaved (para. 5). The court cited s. 718.03 of the Criminal Code, which requires that primary consideration be given to denunciation and deterrence when sentencing for offences involving cruelty to animals, and for the sexually exploitative violence exhibited by the accused.

While the dog-killing offence carried a maximum sentence of five years, the court imposed a global sentence for all 22 offences. The sentence for the animal cruelty charge was made concurrent with other sentences, which were reduced due to the treatment he received as a result of the deployment of the Institutional Crisis Intervention Team (“ICIT”) at Maplehurst Correctional Complex (“MCC”) in December 2023. The accused’s application for a stay of proceedings due to Charter violations experienced at this time was dismissed (para 71).

The animal cruelty offence reinforced the court’s conclusion that Neverson’s actions were calculated, prolonged, and intended to inflict psychological harm. It contributed to the court’s assessment that his moral blameworthiness was “as high as one could imagine.”

R. v. C.C. 2024 QCCQ 1089

The accused, the stepfather of a minor, was charged with multiple sexual offences against the complainant (aged 10 at the time). During the period of abuse, the accused showed the child a video depicting bestiality (a woman fellating a horse). This incident formed part of the broader pattern of inappropriate and exploitative behaviour.

The court found the complainant’s testimony credible and reliable and rejected the accused’s version of events. The prosecution proved the charges beyond a reasonable doubt, and the accused was convicted.

Although the accused was not charged with animal cruelty, this case involves the accused showing a child a video depicting sexual acts with an animal, raising concerns about animal exploitation and abuse. It also reflects a broader criminological pattern in which sexual deviance and violence toward humans intersects with the exploitation of animals (known as the violence link). Presenting such material to a child can contribute to the normalization of harmful and abusive behaviour toward animals.

Calgary (City) v Van Male, 2024 ABCJ 153

On February 25, 2024, two dogs, Gucci and Banksy, escaped from their owner’s yard in Calgary and were involved in two separate unprovoked incidents. One dog was killed, and two other dogs and a person were injured. On April 19, 2024, the City of Calgary filed an application seeking a court order pursuant to the Dangerous Dogs Act, RSA 2000, c D-3, to have both dogs declared dangerous and euthanized. Following a canine behaviour and aggression evaluation, the city abandoned the application with respect to Gucci and proceeded only in relation to Banksy.

Is Banksy a Dangerous Dog?

In the absence of a statutory definition, the court adopted the definition from Edmonton (City) v Andrews, which includes dogs that, without provocation, injure or kill, threaten safety, or display aggressive tendencies posing an imminent danger (para 9). On a balance of probabilities, the court found that Banksy met this definition, having killed one dog, participated in an unprovoked attack injuring two other dogs and a person, and demonstrated aggressive tendencies towards persons and animals without provocation, and thus presented an imminent danger (para 26).

What is the Appropriate Remedy?

The court assessed Banksy’s temperament, the severity of the attacks, his physical potential for inflicting harm, and the likelihood of recurrence. While the injuries caused by the attacks were at the highest end of seriousness, the court also considered the owner’s prior responsible ownership, the absence of any history of aggression, and their willingness to implement mitigation measures, such as including secure fencing and engaging in behaviour modification training.

Balancing these factors, the court held that public safety could be managed without immediate euthanasia. Banksy was permitted to return to the owner subject to strict conditions, including neutering, muzzling, mandatory training, property safeguards, and immediate surrender and euthanasia if any conditions are breached (paras 68- 70).

R. c. Leclerc, Simard, Parent, 2024 QCPC (Cour du Québec), No. 200-01-251910-224

The three accused — Élizabeth Leclerc, Antoine Simard, and Édouard Parent — operated Expédition Mi-Loup inc., a sled dog tourism and mushing enterprise on Île d’Orléans, Québec. The enterprise ran from at least 2008 until April 2022, when it was shut down following a media report and a police investigation triggered by an eviction call at the premises.

At its peak, the kennel housed approximately 200 dogs. Simard was the owner and operator responsible for all kennel decisions, staffing, food procurement, and the management of the dog population. Leclerc, his partner, handled administration, reservations, and employee payroll. Parent was a handyman responsible for the snowmobile section and the repair shop, and was rarely present in the kennel itself.

Multiple former employees testified for the prosecution, describing a consistent pattern of abuse and neglect spanning years. Dogs were killed by hanging (a rope tied to a barn rafter with the dog projected downward, with executioners pulling on the hind legs if death was not immediate), by a homemade gas chamber built by Simard using his welding knowledge of argon (a domestic chest freezer connected to a gas canister, with dogs placed inside for approximately two minutes), and in some instances by being run over with a snowmobile. Puppies — estimated at between 500 and 1,500 over the period — were killed by placing them in a bucket connected to a snowmobile exhaust (CO2 gassing), by neck-breaking, or by being placed alive in the chest freezer. Simard maintained an elimination list targeting old, sick, or aesthetically undesirable dogs, and was transparent about it with staff. Dogs on the list were killed at night, out of sight of clients. One witness estimated over 1,000 animals eliminated between 2016 and 2022 alone.

No veterinarian ever attended the kennel during the period covered by the charges; veterinary care was entirely absent. Sick and injured dogs were treated by guides using super glue for wounds, horse-dose vermifuge for parasites, and human medication when nothing else was available. Two female dogs died of untreated wounds during this period. Dogs were fed once daily on abattoir scraps — bones, fat, gristle, and occasional meat — sometimes rotten in summer. There was no water in winter; dogs were expected to eat snow. Shelter consisted of plastic barrel kennels placed directly on the ground with no air circulation, and with exposed nail and screw points on the interior.

Dogs were forced to run up to six times daily, including pregnant females and dogs that had recently given birth. Simard managed the kennel through physical violence, kicking and hitting dogs that misbehaved; witnesses described dogs cowering when he entered. An unregulated rubber-band castration program was introduced around 2016, performed in a non-sterile environment. No sterilization of females was ever carried out.

Leclerc was acquitted on all counts; the court found that although she held an administrative role and had some awareness of conditions, the evidence was insufficient to establish the required mens rea beyond a reasonable doubt, and she exercised no direct control over the animals.

Parent was acquitted on Count 3 via a directed verdict but convicted on Counts 1 and 2 based on evidence of his direct participation in the killing and transport of dogs, his manipulation of the argon canisters, and his statements to witnesses that firearms were more efficient than hanging.

Simard was convicted on all three counts. The court rejected his testimony entirely, finding it evasive and implausible, and held that his self-created overpopulation — resulting directly from his refusal to sterilize females — could not constitute a legitimate excuse for the mass killing of animals. The court further held that where other means of population control were available and accessible, any suffering imposed was without necessity.

Sentencing was pending at the time of this judgment.

R. v. Berg, 2017 ONCJ 163

The accused was convicted in absentia of animal cruelty offences under the Ontario SPCA Act for failing to provide adequate food, water, veterinary care, and general welfare for two snakes. During the execution of a warrant, an Ontario SPCA agent discovered one snake dead and heavily infested with maggots, while a second boa constrictor was found alive but lethargic, dehydrated, and without access to food or water. The surviving snake was seized and placed in the care of the OSPCA. The accused later admitted ownership of the snakes and acknowledged that they had stopped eating, but had not sought veterinary treatment.

Although the accused did not attend trial or sentencing, evidence showed that he became visibly distressed when informed of the potential penalties associated with the charges. The court noted, however, that it was unclear whether this reaction reflected genuine remorse or concern about the prospect of conviction.

In determining an appropriate sentence, the court emphasized several evidentiary limitations. There was insufficient evidence regarding the snakes’ age, expected lifespan, specific temperature requirements, and the reasons why the accused failed to obtain veterinary care. The court therefore declined to rely on these factors when assessing sentence and focused instead on the proven failures to provide food, water, and necessary care.

The judge emphasized that allowing an animal’s condition to deteriorate to the point of death is “a grave matter” (para 13). However, the court also carefully considered mitigating factors, including the defendant’s lack of prior offences.

The court ordered the accused to pay $2,500 in restitution to compensate the OSPCA for the costs of caring for the surviving snake and prohibited him from owning snakes for five years. While the prosecution sought fines of $1,500 per count, the court imposed substantially lower fines, citing the evidentiary limitations, the absence of a prior record, and the principles set out in the 1989 Supreme Court decision, R v P (D.W).

The court also conditionally stayed the sentence on the third count because it arose from the same underlying conduct as the first two convictions, stating “in the event that the defendant is not successful in bringing an appeal from either conviction or sentence on the first two counts, then the conditional stay becomes permanent. Should the defendant bring a successful appeal in relation to counts 1 or 2, then the stay may be lifted” (para. 21).